Case Law Updates – Insurance Litigation Law
Insurance Litigation Law – Case law updates from across the region (PDF Version).
Beware of Using One Month Per Year of Service “Rule...
One of the questions at the forefront of many employers’ minds when they are considering terminating an employee without cause is how much it is going to cost. Unless there is a written employment contract with an express termination clause, an employer’s obligation is to provide reasonable notice of termination.
Suncor Decision: High Standard for Random Drug and Alcohol Testing...
In June 2013, the Supreme Court of Canada weighed in on the issue of random alcohol testing in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd, 2013 SCC 34 (“Irving”). Following the Supreme Court’s ruling, the Alberta Arbitration Board (the “Board”) recently issued a decision concerning the random drug and alcohol testing policy of Suncor Energy Inc., Oil Sands (“Suncor”). The union in this case, Unifor Local 707A, (“Unifor”) represents over 3,000 employees at Suncor’s oil sands operation in Fort McMurray, Alberta.
Changes to the Canada Labour Code
The Canada Labour Code, RSC 1985, c L-2 (the “Code”) applies to federally regulated employers in Canada. The following changes to Part III of the Code addressing Standard Hours, Wages, Vacations and Holidays came into effect on April 1, 2014
Employer Liable Under Human Rights for Consultant’s Discriminatory Action
While many employers in Canada understand that they have obligations under human rights legislation, they likely do not appreciate that they can also be liable if a consultant contracted to provide services on their behalf engages in discriminatory action. This is what occurred in Ontario in the recent case of Reiss v CCH Canadian Limited, 2013 HRTO 764.
First Wrongful Dismissal Decision from Newfoundland and Labrador in Over...
The first wrongful dismissal claim to go to trial in Newfoundland and Labrador in more than four years was dismissed by the Newfoundland and Labrador Supreme Court (Trial Division). According to Justice Burrage, the Plaintiff a 29-year employee of Sameday Worldwide, was not only not wrongfully dismissed, but she was not actually dismissed since she continuously received disability and health benefits and also accumulated pensionable service from her employer.
Legislative Update: Human Rights Act, RSPEI 1988, c H-12
Prince Edward Island recently became the third Atlantic Canadian province to expressly include “gender expression” and “gender identity” as protected grounds under the Human Rights Act, RSPEI 1988, c H-12 (the “Act”). The Act was amended by Bill 11, An Act to Amend the Human Rights Act, to include the new protected grounds. Royal assent was granted on December 6, 2013.
When Can A Disabled Employee Be Terminated?
Employers often struggle with balancing their obligation to accommodate disabled employees and determining when the employment relationship has become “frustrated” in that a disabled employee is no longer capable of performing his or her job. A recent decision of the Ontario Human Rights Tribunal offers some clarity on this issue.
Newfoundland and Labrador Labour Standards Act Amendments Extend Employment Protection...
Amendments to Newfoundland and Labrador’s Labour Standards Act, R.S.N.L. 1990 c L-2, were given royal assent on December 10, 2013. These amendments provide employment protection in the form of unpaid leave to parents of critically ill minor children or minor children who have gone missing or have died as a result of a crime.
Desperate Times Do Not Justify Desperate Measures
In Trites v. Renin Corp, 2013 ONSC 2715, the court considered “the novel and perplexing legal issue” of whether an employer that is experiencing significant financial difficulties can unilaterally impose a temporary layoff on an employee in the absence of an express or implied term in the contract of employment to support the employer’s action.